The Law

Article 260 of the second amendment to the 1973 constitution of Pakistan, which was implemented in 1974, defines a non-Muslim as follows:

A person who does not believe in the absolute and unqualified finality of The prophethood of Muhammad (peace be upon him), the last of the prophets or claims to be a prophet, in any sense of the word or of any description whatsoever, after Muhammad (peace be upon him), or recognises such a claimant as a prophet or religious reformer, is not a Muslim for the purposes of the constitution or law (ICG 20 Mar. 2003, 26).

Ahmadis consider themselves to be Muslims, but since they do not accept Muhammad as the final prophet, they are considered to be non-Muslims under the law and constitution (International Religious Freedom Report 2004 15 Sept. 2004, Sec. I; FIDH Jan. 2005, 61).

Sections 295 through 298 of the Penal Code are known as blasphemy laws (International Religious Freedom Report 2004 15 Sept. 2004, Sec. II). Section 295(a) imposes a maximum ten-year imprisonment term upon anyone convicted of insulting any religion (ibid.; International FIDH Jan. 2005, 58). Section 295(b) imposes life imprisonment upon anyone convicted of defiling, damaging or desecrating the Koran (ibid., 59; International Religious Freedom Report 2004 15 Sept. 2004, Sec. II; ICG 20 Mar. 2003, 26). Section 295(c) imposes the death penalty upon individuals convicted of "directly or indirectly defil[ing] the sacred name of the Holy Prophet [Muhammed]" (ibid.; International FIDH Jan. 2005, 59; International Religious Freedom Report 2004 15 Sept. 2004, Sec. II). Section 295(c) was amended in October 2004 to allow only senior level police officers (i.e. at the superintendent level) to investigate such matters (International FIDH Jan. 2005, 59; UN 2 Dec. 2004). Another amendment made at that time requires police officers to "file criminal charges only after looking into allegations and not before, as was the case [prior to October 2004]" (ibid.). Section 296 prohibits the voluntary disturbing of religious assemblies, while Section 297 prohibits trespassing on burial grounds (International Religious Freedom Report 2004 15 Sept. 2004, Sec. II). Finally, section 298 "forbids the use of derogatory remarks about holy personages" (ibid.; International FIDH Jan. 2005, 59;).

In 1984, two new provisions were added to the penal code, the text of which is as follows:

298(b). 1. Any person of the Qadiani group or the Lahori group (who call themselves Ahmadis or by any other name) who by words, either spoken or written or by visible representation:

(a) refers to or addresses, any person, other than a Caliph or companion of the Holy Prophet Muhammad (PBUH), as 'Ameer-ul-Mumineen', 'Khalifa-tul-Mumineen,' 'Khalifa-tul-Muslimeen,' 'Sahaabi' or 'Razi Allah Anho;'

(b) refers to or addresses, any person, other than a wife of the holy Prophet Muhammad (PBUH), as Ummul-Mumineen;

(c) refers to, or addresses, any person, other than a member of the family (Ahlebait) of the holy Prophet Muhammad (PBUH), as Ahle-bait; or

(d) refers to, or names, or calls, his place of worship as Masjid (mosque); shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

2. Any person of the Qadiani group or Lahori group, (who call themselves Ahmadis or by any other names), who by words, either spoken or written, or by visible representations, refers to the mode or form of call to prayers followed by his faith as "Azan" or recites Azan as used by the Muslims, shall be punished with imprisonment of either description for a term which may be extended to three years and shall also be liable to fine.

298(c). Any person of the Qadiani group or the Lahori group (who call themselves Ahmadis or any other name), who directly or indirectly, poses himself as a Muslim, or calls, or refers to, his faith as Islam, or preaches or propagates his faith, or invites others to accept his faith, by words, either spoken or written, or by visible representation or in any manner whatsoever outrages the religious feelings of Muslims, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine (ICG 20 Mar. 2003, 27-28; International FIDH Jan. 2005, 59, 61).

In addition to these provisions, Sharia law stipulates that the testimony of a non-Muslim carries only half the weight of that of a Muslim in a blasphemy case (Freedom House Mar.-June 2002). In practice therefore, little evidence besides the testimony of a single Muslim is required to prosecute (ibid.; PPI 11 Dec. 2002) or convict a non-Muslim of blasphemy (HRWF 8 May 2002).

The Hudood Ordinances are regulations that "apply different standards of evidence to Muslims and non-Muslims and to men and women for alleged violations of Islamic law" (International Religious Freedom Report 2004 15 Sept. 2004). According to the State of Human Rights in 2004 report by the Human Rights Commission of Pakistan (HRCP), these ordinances provide that while a Muslim is permitted to testify against a non-Muslim, the testimony of a non-Muslim against a Muslim is prohibited (Feb. 2005, 113).

Application of the Law

Although no Ahmadi has ever been executed under these laws, many have been detained, convicted and/or imprisoned (International Religious Freedom Report 2004 15 Sept. 2004, Sec. II; BBC 30 Nov. 2004; ICG 20 Mar. 2003, 27; US May 2005, 131; UN 2 Dec. 2004; AI Mar. 2002). The United Nations' Integrated Regional Information Networks (IRIN) reported that from 1986 through December 2004, a total of 4,000 blasphemy cases were reported, although IRIN did not indicate how many of those cases involved Ahmadi defendants (UN 2 Dec. 2004). However, according to the International Federation for Human Rights (Fédération Internationale des Ligues des Droits de l'Homme, FIDH), between 1984 and December 2004, "[a]n estimated 2,000 cases [were] brought against Ahmadis under the Blasphemy Law. ... [M]ore generally, approximately 4,000 Ahmadis [were] prosecuted under various laws because of their faith" (Jan. 2005, 61).

Several sources indicated that the laws have been used to make false accusations for personal reasons (International Religious Freedom Report 2004 15 Sept. 2004; US May 2005, 30, 129-131; BBC 30 Nov. 2004; Freedom House 23 Aug. 2004; HRWF 8 May 2002). International Religious Freedom Report 2004 reported that the laws have been used as tactics "to threaten, punish or intimidate" Ahmadis, among other minority religious groups (15 Sept. 2004, Sec. II). More specifically, Freedom in the World 2004 reported that according to human rights organizations, "instances of Muslims bribing low-ranking police officials to file false blasphemy charges against Ahmadis [and members of other minority religious groups] have been increasing sharply in recent years" (23 Aug. 2004).

According to FIDH, the police and the judiciary tend to side with the accusers, against Ahmadi defendants, in blasphemy cases for fear of reprisal, irrespective of the lack of convincing evidence (International FIDH Jan. 2005, 61). The Annual Report of the United States Commission on International Religious Freedom, which was published in May 2005, indicates that there are also problems with blasphemy court proceedings (US May 2005, 131). According to the report,

... during blasphemy trials, Islamic militants often pack the courtroom and make public threats about the consequences of an acquittal. Such threats have proven credible, since they have sometimes been followed by violence. ... Several accused under the blasphemy laws have been attacked, even killed, by vigilantes, including while in police custody; those who escape official punishment or vigilante attack are sometimes forced to flee the country. Others have died in police custody under allegedly suspicious circumstances (ibid.).

Once imprisoned, Ahmadis are subject to "ill treatment from prison authorities and fellow prisoners" (ibid., 130).

Freedom of Thought, Conscience and Religion

According to a report by FIDH that was published in January 2005, "[t]he Ahmadis are perhaps the single most targeted group in Pakistan, for whom the denial of freedom of expression, of religion and of association is near complete" (International FIDH Jan. 2005, 61). IRIN reported that Ahmadis have been "persecuted" in Pakistan since 1974, when they were declared non-Muslim (UN 2 Dec. 2004; see also International FIDH Jan. 2005, 61).

Ahmadis consider themselves to be Muslims and a part of the Islamic faith, and therefore follow Muslim rituals (ibid.; Freedom House 23 Aug. 2004; International Religious Freedom Report 2004 15 Sept. 2004, Sec. II). However, since Ahmadis are considered non-Muslims under the law, they are prohibited from participating in the Hajj, the Muslim pilgrimage to Mecca in Saudi Arabia (ibid.). In July 2003, the federal Ministry of Religious Affairs in Pakistan added a new section to registration documents for pilgrimages to Mecca which requires applicants to "certify on a printed oath that the founder of the Ahmadiyya movement, Mirza Ghulam Ahmad Qadiani, was a 'cunning person and an imposter'" (ibid.).

Ahmadis also cannot "'pose' as Muslims"; they

... may not call their places of worship "mosques," worship in non-Ahmadi mosques or public prayer rooms which are otherwise open to all Muslims, perform the Muslim call to prayer, use the traditional Islamic greeting in public, publicly quote from the Koran, or display the basic affirmation of the Muslim faith. It is also illegal for Ahmadis to preach in public, to seek converts, or to produce, publish, and disseminate their religious materials (US May 2005, 130; HRCP Feb. 2005, 115).

In August 2005, the British Broadcasting Corporation (BBC) reported that Punjab authorities had raided and closed down the offices of 16 already-banned publications that were operated by Ahmadis, in Jhang, Punjab (8 Aug. 2005). Cases of "'propagation of offensive material'" were registered against editors and publishers (BBC 8 Aug. 2005).

Other reports indicate that in addition to the above restrictions, Ahmadis cannot call themselves Muslims, cannot refer to their faith as Islam, cannot be buried in Muslim cemeteries, cannot hold public meetings, and are prohibited from preaching or propagating their faith and inviting others to join the faith (International Religious Freedom Report 2004 15 Sept. 2004, Sec. II). The government also imposes restrictions on Ahmadis in establishing places of worship (ibid., Sec. II, III; International FIDH Jan. 2005, 61), which according to FIDH, results in their being "confined to their homes for their worship" (Jan. 2005, 61). Ahmadis also cannot marry Muslims unless they provide a certificate of conversion to Islam (International FIDH Jan. 2005, 61).

The Enjoyment of Political Rights by Ahmadis

In 2004, the Election Commission of Pakistan (ECP) reinstated a column on the voter registration form that requires Muslim citizens to sign an oath declaring that they accept the finality of the Prophethood of Muhammed (International Religious Freedom Report 2004 15 Sept. 2004, Sec. II; UN 27 May 2004). Failure to sign the oath, results in an individual being registered as a non-Muslim on the voter list (International Religious Freedom Report 2004 15 Sept. 2004, Sec. II). Since Ahmadis consider themselves Muslim and do not believe in the finality of the Prophethood of Muhammad, the outcome of the reinstatement of this column, in effect, is that "Ahmadis are ... denied the right to vote" (UN 27 May 2004; International Religious Freedom Report 2004 15 Sept. 2004, Sec. II).

The Jamaat Ahmadiyya is the political organization that represents the Ahmadiyya Movement in Islam in Pakistan, but according to IRIN, the organization has been

... marginalised in national politics, largely through the institution of separate electorates. Although Ahmediyas have a strong collective identity and often live in communities together, that identity has not resulted in an equally strong political presence, most likely due to repression and violence (UN 2 Dec. 2004).

Since 1974, the government has allowed only one Ahmadi representative into the national legislature (ibid.).

The Enjoyment of Education Rights by Ahmadis

In May 2004, IRIN reported that Ahmadi children had been "forced out of schools" (UN 27 May 2004), while in January 2005, FIDH reported that Ahmadis are "discriminated against in education" (International FIDH Jan. 2005, 61). The International Religious Freedom Report 2004 reported that most Ahmadis are home-schooled or go to private, Ahmadi-run schools, since Ahmadi students attending public schools are "often subject to abuse" (15 Sept. 2004, Sec. III).

Students enrolled in higher education are required to declare their religious affiliation on their application forms and Muslim students must declare their belief in the finality of the Prophethood of Muhammad (International Religious Freedom Report 2004 15 Sept. 2004, Sec. II). According to the report,

[m]any Ahmadis and Christians reported discrimination in applying to government educational institutions due to their religious affiliation. Christians and Ahmadis reportedly have been denied access to medical schools, and societal discrimination against Ahmadis persists at many universities. For example, at the Agricultural University in Faisalabad, students of other religions reportedly refuse to eat with Ahmadis (15 Sept. 2005, Sec. II).

The Enjoyment of Economic Rights by Ahmadis

According to Freedom House, religious minorities suffer from "unofficial economic ... discrimination" (23 Aug. 2004). Several sources pointed out that Ahmadis are subjected to such "discriminat[ion] in the civil service and in professional opportunities" (International FIDH Jan. 2005, 61; International Religious Freedom Report 2004 15 Sept. 2004, Sec. II, III).

Societal Attitudes Towards Ahmadis

Freedom in the World 2004 reported that religious minorities "face unofficial ... societal discrimination and are occasionally subjected to violence and harassment" (23 Aug. 2004). International Religious Freedom Report 2004 suggests that the "discriminatory religious legislation has encouraged an atmosphere of religious intolerance, which has led to acts of violence against Ahmadi ... individuals and institutions" (15 Sept. 2004, Sec. III). The report also identifies religious extremists as those responsible for most of this violence (International Religious Freedom Report 2004 15 Sept. 2004, Sec. III). Similarly, IRIN reported that Ahmadis "remain the target of ... campaigns of intimidation spearheaded by clerics linked to the Tehreek-e-Khatam-e-Nabuwat (Movement for the Finality of the Prophethood of Hazrat Muhammad)" (UN 27 May 2004).

There have also been instances where Sunni Muslim groups have published literature that calls for violence against Ahmadis (International Religious Freedom Report 2004 15 Sept. 2004, Sec. III).

IRIN reported in May 2004 that Ahmadi "graves [have been] desecrated and members of the community, concentrated in the Punjab town of Rabwah (renamed Chenabnagar in 1998...) [have been] beaten and threatened" (UN 27 May 2004).

Government Response to Ill treatment of Ahmadis

In January 2005, FIDH reported that the police and the judiciary in Pakistan tend to side with the perpetrators of anti-Ahmadi violence (International FIDH Jan. 2005, 61). As a result, International FIDH reported that such perpetrators "have very seldom been prosecuted" and enjoy "virtual impunity" (International FIDH Jan. 2005, 61).

Corroborating information was reported by IRIN, which stated that upon filing complaints with the relevant authorities following attacks against them, Ahmadis are often arrested under the blasphemy laws, while those responsible for the attacks are "rarely brought to justice" (UN 2 Dec. 2004).

Similarly, the Annual Report of the United States Commission on International Religious Freedom, which was published in May 2005, stated that the Pakistani government's response to "persistent sectarian and religiously motivated violence" often exercised "by Sunni Muslim militants against Shi'as, Ahmadis, Hindus and Christians, is inadequate" (US May 2005, 30, 129). The government of Pakistan responded to the report by issuing a statement that said that "'[a]ll citizens of Pakistan irrespective of their religious beliefs enjoy complete freedom of expression and there is absolutely no discrimination'" (AP 13 May 2005).

Situation of Those Who Publicly Defend Ahmadis

Information making specific reference to the situation of those who publicly defend Ahmadis could not be found among the sources consulted by the Research Directorate. Although, in its January 2005 report based on a fact-finding mission to Pakistan, International FIDH reported that "human rights defenders or journalists who advocate [Ahmadi] rights have also been subjected to threats and harassments" (61).

Previously, a Lahore-based lawyer who has worked extensively on human rights issues in Pakistan stated in a 6 September 2002 interview with the Research Directorate that an individual who publicly defended or who has friendly public relations with an Ahmadi would "absolutely" risk ill-treatment. For example, all human rights workers who espouse the rights of Ahmadis are themselves labelled as Ahmadis and may, as a result, face harassment (ibid.). As well, even people in high official posts can be targeted as Ahmadis, for which they must offer a public apology (ibid.). The lawyer concluded that, generally speaking, non-Ahmadis must disassociate themselves from Ahmadis (ibid.).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.

References

Amnesty International (AI). March 2002. "AI Welcomes Releases in Pakistan." http://web.amnesty.org/wire/March 2002/Pakistan [Accessed 10 Aug. 2005]

Associated Press (AP).13 May 2005. "Pakistan Rejects U.S. Commission's Report on Religious Freedom." (Dialog)

British Broadcasting Corporation (BBC). 8 August 2005. "Sect Offices Closed in Pakistan." http://news.bbc.co.uk/go/pr/fr/-/2/hi/south_asia/4131624.stm [Accessed 9 Aug. 2005]

_____. 30 November 2004. "Pakistani Gets Life for Blasphemy." http://news.bbc.co.uk/go/pr/fr/-/2/hi/south_asia/4055723.stm [Accessed 11 Aug. 2005]

Freedom House. 23 August 2004. "Pakistan." Freedom in the World 2004. http://www.freedomhouse.org/research/freeworld/2004/countryratings/pakistan.htm [Accessed 10 Aug. 2005]

_____. March-June 2002. Center for Religious Freedom. "Pakistan: Repeal Blasphemy Laws." http://www.freedomhouse.org [Accessed 15 Mar. 2004]

Human Rights Commission of Pakistan. February 2005. "Freedom of Thought, Conscience and Religion." State of Human Rights in 2004. http://www.hrcp-web.org/pdf/ar_2004/3-2.pdf [Accessed 11 Aug. 2005]

Human Rights Without Frontiers (HRWF). 8 May 2002. "Double Life Sentence for Christian 'Blasphemer' Religion." http://www.hrwf.net/ [Accesssed 11 May 2002]

International Crisis Group (ICG). 20 March 2003. Pakistan: The Mullahs and the Military. Report No. 49. http://www.crisisweb.org/library/documents/report_archive/A400925_20032003.pdf [Accessed 11 Aug. 2005]

International Federation for Human Rights (FIDH). January 2005. "In Mala Fide. Freedoms of Expression, of Association and of Assembly in Pakistan. Report of an international fact-finding mission. No. 408/2. http://www.fidh.org/IMG/pdf/pk408a-2.pdf [Accessed 11 Aug. 2005]

International Religious Freedom Report 2004. 15 September 2004. "Pakistan." United States Department of State. Washington, DC. http://www.state.gov/g/drl/rls/irf/2004/35519.htm [Accessed 10 Aug. 2005]

Lawyer, Lahore. 6 September 2002. Interview conducted in Ottawa.

Pakistan Press International (PPI). 11 December 2002. "Religious Intolerance in Pakistan." (Dialog)

United Nations (UN). 2 December 2004. Integrated Regional Information Networks (IRIN). "Pakistan: Life Term for Blasphemous Minority Sect Member." http://www.irinnews.org/print.asp?ReportID=44483 [Accessed 11 Aug. 2005]

_____. 27 May 2004. Integrated Regional Information Networks (IRIN). "Pakistan: Special Report on the State of Human Rights." http://www.irinnews.org/print.asp?ReportID=41290 [Accessed 11 Aug. 2005]

United States (US). May 2005. Commission on Religious Freedom. Annual Report of the United States Commission on International Religious Freedom. http://www.uscirf.gov/countries/publications/currentreport/2005annualRpt.pdf [Accessed 11 Aug. 2005]

Additional Sources Consulted

Internet sites, including: Country Reports on Human Rights Practices for 2004, European Country of Origin Information Network (ECOI), Human Rights Watch (HRW), Minority Rights Group International (MRG), World News Connection (WNC).